The Arbitration Choice v. Arbitrary Choice

Sponsored by the MSBA ADR Section and the Maine Association of Mediators

Join the MSBA ADR Section and the Maine Association of Mediators on Thursday, February 6, 2014 for an in-depth discussion about process shifts and ADR contract clauses resulting situations where a mediator for an ADR process morphs into an arbitrator for that very same process, or vice versa.

Hear more about the Law Court’s decision in Anderson v. Banks from the ADR professional directly involved with the case, and learn about the case’s potential significance for your legal and/or ADR practice and clients.

Receive a legal briefing on related case law from Maine and across the country.

Acquire skills to inform and effectively counsel your clients about the benfits and risks of having a neutral or fact-finder shift roles before, during or after an ADR process.

Understand how to anticipate, identify and handle ethical dilemmas that may arise for the neutral, the fact finder and legal counsel when a neutral or fact- finder changes roles or is asked to change roles.

12:45 p.m.

Log-in Reminder

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1:00 p.m.

Welcome and Introduction

1:05 p.m.

Overview, Discussion and Analysis of Anderson v. Banks

2:10 p.m

Exploration, Overview and Discussion of Other Med-Arb Case
Law / Interactive Activity

2:45 p.m.

Break

3:00 p.m.

Panel Discussion:

The advantages and disadvantages associated with morphedmediation-arbitration processes

The legal, ethical and practical considerations associated with having your mediator turn into your arbitrator or your arbitrator acting as your mediator

The pros and cons of including arbitration provisions in contracts and settlement agreements

4:10 p.m.

Wrap Up and Summary of Practice Tips for Making Effective and Informed Decisions with Your Clients Surrounding Arbitration Provisions in Settlement Agreements